Marvel Entertainment Chairman Prevails in First Department Appeal in Defamation Case

Paul, Weiss prevailed in an appeal seeking a protective order on behalf of Isaac “Ike” Perlmutter, chairman of Marvel Entertainment. The New York State Appellate Division, First Department, reversed the trial court’s denial of a protective order to prevent disclosure of Perlmutter’s emails and other documents protected by the work product doctrine. 

Perlmutter is a defendant in a defamation lawsuit lodged by Harold Peerenboom, the founder of a Toronto-based executive search firm, over an alleged smear campaign in which anonymous letters were sent to friends and business associates of Peerenboom accusing him of having engaged in unlawful conduct.

After the trial court denied our motion for a protective order, we successfully secured an emergency stay from the First Department pending appeal. On appeal, we argued that the trial court erred in declining to protect clear work product, failed to apply CPLR 3101(d)(2) to protect the work product of private investigators retained by counsel, and erroneously held that attorney invoices containing detailed time entries did not constitute work product. The First Department unanimously reversed, and rather than remanding to the trial court for further consideration, held that all 106 documents subject to appeal were, in fact, protected work product. 

The Paul, Weiss team includes litigation partners Ted Wells, Allan Arffa and Richard Tarlowe.